SAHU DEOKI NANDAN Vs. NARENDRA KUMARS

JUDGEMENT

(1.) THIS is an' Execution First Appeal arising out of the following facts: Sahu Deoki Nandan, judgment-debtor objector, was the owner of a certain premi ses situated in the city of Bijnor. This house was sold on 5-3-1955 in execution of a de cree in Suit No. 41 of 1952 and was pur chased by Narendra Kumar, respondent. There were other incumbrances on this pro perty. The purchase was made subject to the prior incumbrances.

(2.) SAHU Deoki Nandan had mort gaged this house with the District Co-opera tive Bank Limited, Bijnor, for a certain amount. The Bank filed Suit No. 4 of 1955 for recovery of the amount due under the mortgage. The mortgage money had not been paid by Narendra Kumar with the re sult that the house was sold in execution of this decree on 3-12-1968 for Rs. 68.000.00. The Bank withdrew the amount due to it out of this money and Rs. 37, 000.00, the balance, remained in court custody.

(3.) THE sons of Sahu Deoki Nandan filed a suit, No. 7 of 1955, with the allega tion that the property was joint family pro perty and was not liable to be sold in execu tion of any decree which had been obtained against Sahu Deoki Nandan in his personal capacity. The mortgage suit by the District Co-operative Bank had been filed before the house was purchased by Narendra Kumar in the auction. Therefore, an application was made by the Bank for impleading Narendra Kumar as a defendant in Suit No. 4 of 1955. This application was resisted by Narendra Kumar on the ground that the sale in his favour had not been confirmed and the sale had taken place during the pendency of the suit and, therefore, he should not be made a party in the suit This objection of Narendra Kumar prevailed and the application of the Bank for impleading Narendra Kumar as a party was rejected.